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Case No. 19-0352

For summaries from opinions prior to August, 2018, view PDF versions here

In the Interest of A.W. and B.W., Minor Children

Jennifer Olsen, Guardian ad Litem-Appellant

Attorney for Appellant

Jennifer Olsen

Attorney for Appellee State

Charles K. Phillips, Assistant Attorney General

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0352
Date Published:
Jul 24, 2019
Summary

            Appeal from the Iowa District Court for Clinton County, Phillip J. Tabor, District Associate Judge.  REVERSED IN PART AND REMANDED FOR FURTHER PROCEEDINGS.  Considered by Potterfield, P.J., and Doyle and May, JJ.  Tabor, J., takes no part.  Opinion by Potterfield, P.J.  (9 pages)

            The guardian ad litem for A.W. and B.W., the minor children at issue, appeals the juvenile court’s denial of the petition to modify the dispositional order and dismissal of the children-in-need-of-assistance (CINA) adjudication.  OPINION HOLDS: We agree the CINA adjudications should not have been dismissed; we reverse the juvenile court’s ruling dismissing the CINA adjudications.  Additionally, though the State met the grounds for modification at the time of the hearing, we do not believe making a change now based on the facts and circumstances from several months ago is in the children’s best interests.  We remand for a hearing on the motion to modify the dispositional order; the juvenile court is to determine the appropriate placement of the children on the facts existing at the time of the new hearing.

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